Category Archives: HOA violence

Update: Justice served for one Florida Condo Association

guest blog by Deborah Goonan

After Bob Norman of Channel 10 news brought media attention to Board member misconduct at Georgian Court North Condo Association last fall, former president Ed Ryan entered a guilty plea on criminal charges of practicing community association management without a license.

The Judge sentenced Ryan to 3 months probation and 25 hours of community service. Ryan was also ordered to return his ‘borrowed’ car to the Association and resign from the Board. The judge did not order financial Restitution.

The Attorney General opened the case following an investigation by Local 10 News in September.

The media really can be an effective tool to help resolve problems for homeowners. The Association is now pursuing a civil lawsuit in an attempt to recover hundreds of thousands of dollars that Ryan paid himself over ten years.

(link to story on board president misconduct)

 

http://www.local10.com/news/condo-president-admits-wrongdoing-in-court-after-local-10-investigation/32561836‏

Outright Bald-Faced Theft From Florida HOAs!

An astonishing blog was just published by our friend in Florida, Jan Bergemann. He points out that the trust fund, which was created to help members of Homeowners and Condo Associations, is being looted annually by the Florida State Legislature.

This money was not meant to be transferred to the Legislature’s general fund. It’s paid by HOA members and should be held in trust for HOA members.

It’s just another in a thousand ways that HOA members are getting ripped off. How many other states are seeing such theft?

(link to Jan Bergemann’s story on plundering of the HOA Trust Fund)

 

More Money Down The Drain

guest blog by Deborah Goonan

Yet another case of shoddy construction, this time a failing storm drain and a sinking retention pond in Michigan. Over several years, homeowners of Windridge Estates HOA have experienced cracked foundations and basement windows, shifting soil in their back yards, and movement of retention walls, as the shoreline of the nearby pond crumbles into the water.

The HOA lacks the means to make the needed repairs, so the City of New Baltimore has agreed to “help” by setting up a special assessment district, in order to collect $1.45 million from homeowners over the next 10 years. Each lot will ultimately be taxed roughly $6500.

That’s in addition to any regular HOA assessments and property taxes they have paid all these years the problem has gone unaddressed.

The HOA Attorney argues that the City should pay at least 18.5% of the cost, since City roads drain into the pond when it rains. In this particular HOA, the City maintains the roads and easements, but not storm drainage. This illogical arrangement is amazingly common in HOAs.

Several questions come to mind.

First, how did this storm water system get approved by the City Inspector? Second, why isn’t the developer on the hook to pay for these repairs? Third, how much will this end up costing City taxpayers who do NOT live in Windridge Estates?

Local governments have been abdicating responsibility for maintenance of major infrastructure for decades. But retention ponds and underground stormwater pipes are notoriously difficult and expensive to maintain and repair, even when they are constructed properly. Repairs almost always involve precise engineering design, heavy equipment, and moving around large amounts of soil. How do local governments justify dumping this responsibility on a volunteer Board and the disproportionate expense on unsuspecting homeowners?

In the meantime, one unfortunate recent buyer just got a fine welcome to the community. The seller hadn’t disclosed problems with the pond, and now the buyer is on the hook for his share of the cost. Just goes to show how affordability of your home in an HOA can be wildly unpredictable.

Oh, and as I’ve mentioned before, but it bears repeating: a lot adjacent to a retention pond is NOT a “lake view” or “water view” for which a buyer should pay a premium.

(read the story, check out the photos, here)

 

Stealing Homes In Indiana

guest blog by Deborah Goonan

Last year, residents of Charlestown, Indiana, thwarted an eminent domain attempt initiated by Mayor Bob Hall to allow developers to buy out, raze, and redevelop their entire Pleasant Ridge neighborhood. With pro bono assistance from Institute for Justice, and a well-organized effort, residents were able to put an end to those plans, and keep their homes.

Pleasant Ridge is still in need of improvement, however, and owners want to work with the Mayor on alternative plans to reduce crime and clean up problem properties. Therefore, several neighborhood leaders have proposed establishing a steering committee, to work with the Mayor’s office on revitalizing their Pleasant Ridge neighborhood. Mayor Hall has been asked to serve on the Board of this steering committee, along with one other representative from his staff.

But Mayor Hall has reservations about working with the Neighborhood Association.

Check out this statement made by the Mayor:

“Hall said Wednesday that the neighborhood association and the steering committee represent too few residents of the neighborhood.

“They are more of a special-interest group than they are a homeowners association,” Hall said of the neighborhood association. “They only represent less than 15 percent of the property owners in Pleasant Ridge. A real homeowner’s association will represent 100 percent of the properties in a subdivision.”

Hall said he has made efforts to revitalize the neighborhood since 2000, and it’s important to him that the area improves.

“I am not the mayor of the minority of Pleasant Ridge, I am the mayor of the whole city,” he said. “I am not going to be involved in a committee that has a very narrow focus and is only representing a very small interest.”

Recall from my previous blogs that the Mayor’s plans for redevelopment, though never solidified, included multifamily structures and mixed use development. In other words: establishment of Homeowners’ Associations. Apparently, Hall thinks mandatory membership HOAs would better represent owners’ interests than a voluntary membership resident-supported Neighborhood Association. Where on earth did he get that idea?

Apparently someone has been drinking the Kool-Aid, courtesy of HOA Industry special interest groups representing Community Associations and Developers.

Obviously, Mr. Hall hasn’t got a clue about the realities of HOAs! Although 100% of owners are required to be members, that does not mean that the HOA actually “represents 100 percent of the properties in a subdivision!” Note the use of the word “properties” with regard to representation — not “homeowners” or “people.”

Ask any minority property owner in an HOA if his or her interests are represented, or if those interests are merely outnumbered by majority stakeholders.

And as for having a “very narrow focus” and “only representing a very small interest,” — well, that’s the norm for HOAs. And the people of Pleasant Ridge weren’t very happy about the Mayor’s previous attempts to align himself with the narrow interests of the developer, who, along with the Mayor, wanted to get his hands on grant money.

So who is representing the interests of the homeowners in Pleasant Ridge at this point? At the last City Council meeting, neighborhood association representative Jason Patrone reportedly seemed to have the support of neighbors in attendance.

Let’s see how this one plays out.

(link to Charlestown News and Tribune)

 

The God of Poop!

Poop. Feces. Droppings. Excrement. Cow pies. Dung. Guano. Meadow Muffin. Stool.

Do you realize that humans have hundreds and hundreds of different words for this little bit of matter that is so disgusting to us? It’s almost as if we worship it. Who invented such awful substance? God did. It’s the ultimate recylable material. And you would be stunned to know that every speck of this stuff, depending upon which species deposited it, has an entire ecosystem which depends on getting a steady supply.

Next time you visit the Gulf Coast or the Caribbean and you stretch out on those warm white sands just remind yourself that 70 percent of that white sand was once pooped out by parrot fish. Each parrot fish poops out about 200 pounds of white sand a year! Look it up!

On the other side of the coin, at least a thousand Homeowners Associations are now running madly through their neighborhoods collecting DNA samples from every dog in the hood, and sending each harvested dog pile to the lab to be matched to the offending pooch. The owner then gets a fine of say, $500 per pile. Someone more clever than I might come up with a good name for a new TV reality show. “CSI Poopami,” or possibly, “PoopNet-HOA.”

Now, I’m a dog owner. I carry all the appropriate plastic bags and gloves because I want to be a good neighbor. At the same time I find all this poop hysteria to be hysterically stupid.

All it would take to thwart the system is to organize a neighborhood Poop Brigade to collect hundreds of samples and dump them all on the HOA president’s lawn. Let him pay the fines.

BTW, if you do that, definitely send me pictures that I can publish!

(latest poop from the Seattle P.I.)